AMENDMENTS TO THE
CONSTITUTION OF N.C.
1776-1996
THE LIBRARY OF THE
UNIVERSITY OF
NORTH CAROLINA
AT CHAPEL HILL
THE COLLECTION OF
NORTH CAROLINIANA
PRESENTED BY
John L. Sanders
Cp342
N87c7
c. 2
AMENDMENTS TO THE CONSTITUTION OF NORTH CAROLINA
1776-1996
Institute of Government
The University of North Carolina at Chapel Hill
1997
INSTITUTE OF GOVERNMENT
The University of North Carolina at Chapel Hill
Michael R. Smith. Director
Faculty
Stephen Allred
David N. Ammons
A. Fleming Bell, II
Frayda S. Bluestein
Mark F. Botts
Joan G. Brannon
Anita R. Brown-Graham
William A. Campbell
Margaret S. Carlson
Stevens H. Clarke
Ann S. Davidson
Anne M. Dellinger
James C. Drennan
Richard D. Ducker
Robert L. Farb
Joseph S. Ferrell
Car>' M. Grant
Milton S. Heath, Jr.
Cheryl D. Howell
Joseph E. Hunt
Kurt J. Jenne
Robert P. Joyce
Patricia A. Langelier
David M. Lawrence
Charles D. Liner
Ben F. Loeb. Jr.
Janet Mason
Laurie L. Mesibov
David U'. Owens
John Rubin
John L. Saxon
John B. Stephens
Thomas H. Thomburg
A. John Vogt
Michael L. Williamson
AMENDMENTS TO THE CONSTITUTION OF NORTH CAROLINA
1776-1996
A List of Constitutions
and Constitutional Amendments
Submitted to the Qualified Voters
of the State, with the Vote Cast on Each and the
Statement of the Issue As It Appeared on the Ballot
Compiled by John L. Sanders
and John F. Lomax. Jr.
Institute of Government
The University of North Carolina at Chapel Hill
1997
PREFACE
This is a catalogue of the amendments to the Constitution of North CaroUna that have been
submitted to the voters of the State since 1776. when our first Constitution was adopted.
Amendments adopted by conventions without a vote of the people have been noted also, as have
several amendment proposals which were approved by the General Assembly but which never
reached the voters, due to legislative repeal or judicial invalidation of the act of submission.
Each voting proposition has been treated here as one amendment, whether it involved only the
change of a word or two or the revision of the entire Constitution.
For every Constitution or amendment that reached the voters, the number of votes cast for and
against the proposition has been stated. The chief source of voting data has been the North
Carolina Manual, published biennially since 1913.
Every legislative act or convention ordinance submitting a revised Constitution or a
constitutional amendment to the voters (with a single exception) has set forth in specific terms
the proposition that was to appear on the ballot, identifying for the voter the change or changes to
be voted on. All of these ballot propositions have been quoted here in full. (The Constitution has
never required that the full text or a synopsis of an amendment be printed on the ballot.)
Appendi.x 1 tabulates the number of amendments to the Constitution the people have voted on
each elecfion year, indicating the number ratified and the number rejected.
.Appendix 2 sets out in full the four forms the amendment provisions of the Constitution of
North Carolina have taken since the first amendment procedure was adopted in 1835.
AMENDMENTS TO THE CONSTITUTION OF NORTH CAROLINA
1776-1996
Constitution of 1776
The Constitution and Declaration of Rights of 1776 were promulgated
by the Fifth Provincial Congress without a vote of the people. 23 State
Records of North Carolina 977, 980. The single amendment to the Constitu-
tion adopted between 1776 and 1835 was promulgated by the Convention of
1789. It granted borough status to Fayetteville . 22 State Records of
North Carolina 50-51.
The constitutional amendments of 1835 were submitted to the people by
an ordinance adopted by the Convention of 1835. See Journal of the Con-
vention . . . rofi 1835. pp. 103-104, for a copy of the ordinance sub-
mitting the amendments to the voters. Ratified 11/9/1835 by 26,771 to
21,606. The ballot issue: "Ratification" or "Rejection".
The only amendment that reached the voters between 183 5 and 186 5 was
the suffrage amendment .submitted by Laws 1854-55, ch. 7, and 1856-57, chs .
12 and 13. (From 1836 until 1876, amendments had to pass one session of
the General Assembly by a three-fifths vote, then pass the next session
following an election for legislators by a two-thirds vote, and then go to
the voters.) Ratified 8/6/1857 by 50,095 to 19,382. The ballot issue:
"Approved" or "Not Approved" .
Twelve amendments to the Constitution were adopted by the Convention
of 1861-62 without being submitted to a vote of the people. Ordinances
and Resolutions Passed by the State Convention of North Carolina, at its
Several Sessions in 1861- '62. p. 3 ff. (Amendments adopted by convention
were not until 1971 required by the terms of the Constitution to be sub-
mitted to the voters for ratification or rejection, although the act pro-
viding for the calling of a convention might require such submission.)
The Convention of 1865-66 submitted to the people in 1865 an amend-
ment declaring null and void the secession ordinance of 20 May 1861, which
the people ratified 11/9/1865 by 19,977 to 1,940. The ballot issue:
"Anti-Secession Ordinance ratified" or "Anti-Secession Ordinance re-
jected". Constitution of North-Carolina, with Amendments, and Ordinances
and Resolutions Passed by the Convention. Session 1865. pp. 39, 46-47.
The Convention of 1865-66 also submitted to the people in 1865 an
amendment abolishing slavery in North Carolina, which the people ratified
11/9/1865 by 18,527 to 3,696. The ballot issue: "Anti-Slavery Ordinance
ratified" or "Anti-Slavery Ordinance rejected". Constitution of North-
Carolina, with A.mendments. and Ordinances and Resolutions Passed by the
Convention. Session 1865 , pp. 40, 46-47.
The Convention of 1865-65 submitted to the people in 1866 a revised
Constitution which the people rejected 8/2/1866 by 21,770 to 19,880. See
Ordinances and Resolutions Passed by the North Carolina State Convention.
Second Session. 1366, pp. 21-22. The ballot issue: "Ratification" or
"Rejection" .
Constitution of iflfifl
The Convention of 1868 submitted to the people in 1868 a revised
Constitution which the people ratified 4/21-23/1868 by 93,086 to 74,016.
See Constitution of the State of North Carolina, together with the Ordi-
nances and Resolutions of the Constitutional Convention . . . 1863. ch.
35, for the ordinance submitting the Constitution to the people. The
ballot issue: "For the Constitution" or "Against the Constitution".
The General Assembly of 1871-72 enacted Pub. Laws 1871-72, ch. 53,
which embodied several amendments to the Constitution; the 1872-73 session
set forth either of those changes in Pub. Laws 1872-73, chs . 81, 82, 83,
84, 85, 86, 87, and 88, each embodying a separate amendment; and these
were submitted to the voters by Pub. Laws 1872-73, ch. 153. All eight
were ratified 8/7/1873. (At that time, all amendments still had to be
enacted by two sessions of the General Assembly before being s-obmitted to
the voters.) The ballot issue: "for amendments" or "against amendments"
as to each of the eight. The votes cast on the amendments were:
Ch. 81
Ch. 82
Ch. 8 3
Ch. 84
Ch. 8 5
Ch. 86
Ch. 8 7
Ch. 8 8
Eliminating the State census. 70,721 to 29,087.
Making legislative sessions biennial. 70,740 to 29,033.
Broadening legislative authority to exempt personal property
from taxation. 63,292 to 36,123.
Abolishing office of Superintendent of Public Works. 70,982
to 28, 888 .
Altering public debt provisions. 74,731 to 28,634.
Empowering General Assembly to elect University trustees.
67, 839 to 30, 728.
Abolishing code commissioners. 70,315 to 20,080.
Amending dual office-holding provisions. 69,331 to 29,188.
The Convention of 1875 submitted 30 constitutional changes to the
voters in the form of a single ballot proposition, voted on in 1876 and
ratified 11/7/1876 by 120,159 to 106,554. The ballot issue: "Ratifica-
tion" or "Rejection". See ordinance submitting the amendments to the
people, Amendments to the Constitution of North Carolina, Proposed by the
Constitutional Convention of 1875 , pp . 6 7-69.
One sees occasional references to the "Constitution of 1875." That
is erroneous. The Constitution of 1868, as amended by the amendments
proposed by the Convention of 1875 and legislatively initiated amendments,
continued in force until 1971.
There has been no convention of the people in North Carolina since
1875. All subsequent amendments to the Constitution have been initiated
by the General Assembly. The following is a list of every enactment of
the General Assembly submitting an amendment to the people, with a nota-
tion as to its subject and its disposition. The constitutional amendment
procedure requiring the enactment of an amendment by only one session of
the General Assembly was adopted in 1876 and its basic features have not
changed since that time. The amendment procedure incorporated in the
Constitution of 1971 is consistent in all material respects with the 1876-
1971 provision, but is somewhat more detailed than the latter provision.
The principal change was the new requirement that the constitutional
changes adopted by a convention be submitted to the voters for ratifica-
tion or rejection.
Pub. Laws 1879, ch. 314, amended by ch. 254. Making public support of
indigent deaf mutes, blind, and insane of the State permissive.
Ratified 11/2/1880 by 87,163 to 70,459. Ballot issue: "For amend-
ment in relation to the support of the Deaf Mutes, the Blind and the
Insane of the State" or "Against amendment in relation to the support
of the Deaf Mutes, the Blind and the Insane of the State".
Pub. Laws 1879, ch. 268. Repudiating Reconstruction debt. Ratified
11/2/1880 by 117,388 to 5,458. Ballot issue: "For amendment con-
cerning public debt" or "Against amendment concerning public debt".
Pub. Laws 1887, ch . 212. Enlarging Supreme Court from three to five mem-
bers. Ratified 11/6/1888 by 121,659 to 29,377. Ballot issue: "for
amendment" or "against amendment".
Pub. Laws 1891, ch. 422. Prescribing that Solicitors shall be elected in
same manner as Superior Court Judges. Rejected 11/8/1892 by 135,966
to 120,476. Ballot issue: "For amendment" or "Against amendment".
Pub. Laws 1899, ch . 218; rewritten by Pub. Laws 1900 (Ex. Sess.), ch . 2.
Revising Article VI on suffrage and eligibility to office. Ratified
8/2/1900 by 182,217 to 128,285. Ballot issue: "For Suffrage Amend-
ment" or "Against Suffrage Amendment".
Pub. Laws 1913 (Ex. Sess.), ch . 81. Eliminating references to War of the
Rebellion. Rejected 11/3/1914 by 61,031 to 57,816. Ballot state-
ment: "Amendment to Article I, Section 6, and to Article VII, Sec-
tion 13, Substituting the phrase 'War Between the States,' for the
words 'insurrection or rebellion against the United States,' in
Article I, section 6, and the word 'rebellion' in Article VII, sec-
tion 13"; the voter could vote "yes" or "no".
Pub. Laws 1913 (Ex. Sess.), ch. 81. Increasing legislative compensation.
Rejected 11/3/1914 by 68,149 to 50,722. Ballot statement:
"Amendment to Article II, Section 28, Increasing compensation of
members of the General Assembly, and decreasing mileage"; the voter
could vote "yes" or "no".
Pub. Laws. 1913 (Ex. Sess.), ch . 81. Restricting local, private, and
special legislation. Rejected 11/3/1914 by 62,953 to 54,727. Ballot
statement: "Amendment to Article II (New Section), Restricting local,
private, and special legislation"; the voter could vote "yes" or
"no" .
Pub. Laws. 1913 (Ex. Sess.), ch. 81. Changing governor's inauguration
day. Rejected 11/3/1914 by 60,220 to 57,321. Ballot statement:
"Amendment to Article III, Section 1, Fixing the day of inauguration
of the Governor"; the voter could vote "yes" or "no".
Pub. Laws. 1913 (Ex. Sess . ) , ch. 81. Providing for special and emergency-
judges. Rejected 11/3/1914 by 62,981 to 55,255. Ballot statement:
"Amendment to Article IV, Section 11, To prevent delays in trials by
providing emergency judges"; the voter could vote "yes" or "no".
Pub. Laws 1913 (Ex. Sess.), ch. 81. Repealing obsolete transitional
(1868) provisions of judicial article. Rejected 11/3/1914 by 62,728
to 54,414. Ballot statement: "Amendment to Article IV, Sections 20,
26, 33, Removing obsolete sections from Constitution"; the voter
could "yes" or "no".
Pub. Laws. 1913 (Ex. Sess.), ch. 81. Revising finance article. Rejected
11/3/1914 by 68,148 to 50,520. Ballot statement: "Striking out
Article V, and Section 9 of Article VII, and substituting therefor an
Article to Revise and Reform the System of Revenue and Taxation"; the
voter could vote "yes" or "no".
Pub. Laws. 1913 (Ex. Sess.), ch . 81. Prohibiting special act corporate
' charters. Rejected 11/3/1914 by 63,201 to 54,358. Ballot statement:
"Amendment to Article VIII, Section 1, To prevent special charters to
corporations by the General Assembly"; the voter could vote "yes" or
"no" .
>
Pub. Laws. 1913 (Ex. Sess.), ch. 81. Requiring the General Assembly to
provide by general law for organization of municipalities. Rejected
11/3/1914 by 63,027 to 53,887. Ballot statement: "Amendment to
Article VIII, Section 4, To prevent special charters to towns,
cities, and incorporated villages"; the voter could vote "yes" or
"no" .
Pub. Laws. 1913 (Ex. Sess.), ch. 81. Extending the school term from four
to six months. Rejected 11/3/1914 by 61,317 to 59,519. Ballot
statement: "Amendment to Article IX, Section 3, To require six months
P\iblic School term"; the voter could vote "yes" or "no".
Pub. Laws 1915, ch. 99. Restricting local, private, and special legisla-
tion. Ratified 11/7/1916 by 57,465 to 22,171. Ballot statement:
"Amendment to Article II (new section) . Restricting local, private
and special legislation"; the voter could vote "yes" or "no".
Pub. Laws 1915, ch. 99. Providing for special and emergency judges.
Ratified 11/7/1916 by 55,345 to 22,250. Ballot statement: "Amend-
ment to Article VIII, Section 1. To prevent special charters to
corporations by the General Assembly"; the voter could vote "yes" or
"no" .
Pub. Laws 1915, ch. 99. Prohibiting special act corporate charters.
Ratified 11/7/1916 by 56,345 to 22,250. Ballot statement: "Amend-
ment to Article VIII, Section 1. To prevent special charters to
corporations by the General Assembly"; the voter could vote "yes" or
"no" .
Pub. Laws 1915, ch. 99. Requiring the General Assembly to provide by
general law for organization of municipalities. Ratified 11/7/1916
by 55,783 to 22,681. Ballot statement: "Amendment to Article VIII,
Section 4. To prevent special charters to towns, cities and incor-
porated villages"; the voter could vote "yes" or "no".
Pub. Laws 1917, ch. 119. Exempting from taxation notes secured by
mortgages on homes of debtors. Ratified 11/5/1918 by 79,946 to
19,846. Ballot issue: "For Exemption from Taxation of Homestead
Notes" or "Against Exemption from Taxation of Homestead Notes".
Pub. Laws 1917, ch. 192. Extending school term from four to six months.
Ratified 11/5/1918 by 122,062 to 20,095. Ballot issue: "For six
months school term" or "Against six months school term" .
Pub. Laws 1919, ch. 129, rewritten by Pub. Laws 1920 (Ex. Sess . ) , ch. 93
Amending the revenue article with respect to income tax rates and
exemptions, capitation taxes, and maximum state and county property
tax rate. Ratified 11/2/1920 by 262,873 to 81,109. Ballot issue:
"For Amendments to Limit Rate of State and County Taxes, and Amount
of Poll Tax, and to Authorize Income Tax" or "Against Amendments to
Limit Rate of State and County Taxes, and Amount of Poll Tax, and to
Authorize Income Tax" .
Pub. Laws 1919, ch. 129, rewritten by Pub. Laws 1920 (Ex. Sess.), ch. 93.
Reducing residence period for voting from two years to one year and
eliminating poll tax payment as voting prerequisite. Ratified
11/2/1920 by 235,608 to 83,366. Ballot issue: "For Amendments to
Change Requirement of Two Years Residence in the State, and Paymeni:
of Poll Tax as Qualification for Voting" or "Against Amendments to
Change Requirement of Two Years Residence in the State, and Payment
of Poll Tax as Qualification for Voting" .
Pub. Laws 1921, ch. 200. Increasing legislators' compensation. Rejected
11/7/1922 by 138,765 to 72,297. Ballot issue: "For increase of pay
of legislators" or "Against increase of pay of legislators".
[Pub. Laws 1923, ch. 118; repealed by Pub. Laws 1923, ch. 186. Making
statutes providing for sinking funds irrepealable . ]
[Pub. Laws 1923, ch. 223; repealed by Pub. Laws 1924 (Ex. Sess.), ch. 29.
Making statutes providing for sinking funds irrepealable.]
Pub. Laws 1923, ch. 145. Revising limitations on State debt. Ratified
11/4/1924 by 127,937 to 43,026. Ballot issue: "For Amendment Limit-
ing State Debt" or "Against Amendment Limiting State Debt".
[Pub. Laws 1923, ch. 240; repealed by Pub. Laws 1924 (Ex. Sess.), ch. 122.
Exempting from taxation notes secured by mortgages on homes of
debtors . ]
Pub. Laws 1924 (Ex. Sess.), ch. 31. Increasing legislators' compensation.
Rejected 11/2/1924 by 112,606 to 97,248. Ballot issue: "For
Increase of Pay of Legislators" or "Against Increase of Pay of
Legislators" .
Pub. Laws 1924 (Ex. Sess . ) , ch. 91. Protecting state sinking fund from
diversion by General Assembly. Ratified 11/4/1924 by 109,434 to
50,571. Ballot issue: "For Sinking Fund Amendment" or "Against
Sinking Fund Amendment".
Pub. Laws 1924 (Ex. Sess.), ch. 115. Exempting from taxation notes
secured by mortgages on homes of debtors. Ratified 11/4/1924 by
149,151 to 46,827. Ballot issue: "For Exemption from Taxation of
Homes and Homestead Notes" or "Against Exemption from Taxation of
Homes and Homestead Notes".
Pub. Laws 1925, ch. 88. Revising procedure for canvassing results of
elections for State executive officers. Ratified 11/2/1926 by 47,618
to 24,800. Ballot issue: "For Constitutional Amendment Relating to
Election Returns for Officers of the Executive Department" or
"Against Constitutional Amendment Relating to Election Returns for
Officers of the Executive Department" .
Pub. Laws 1927, ch. 99. Providing for 24 solicitorial districts indepen-
dent of judicial districts. Rejected 11/6/1928 by 150,061 to
123,249. Ballot issue: "For Amendment Providing for Solicitorial
Districts" or "Against Amendment Providing for Solicitorial
Districts" .
Pub. Laws 1927, ch. 203. Increasing legislators' compensation. Ratified
11/6/1928 by 147,946 to 147,734. Ballot issue: "For fixing salaries
of members and presiding officers of the General Assembly at six
hundred dollars and seven hundred dollars, respectively, and provid-
ing additional per diem for extra session" or "Against fixing
salaries of members and presiding officers of the General Assembly at
six hundred dollars and seven hundred dollars, respectively, and
providing additional per diem for extra session" .
Pub. Laws 1927, ch . 216. Authorizing legislative classification of in-
tangible personal property. Rejected 11/6/1928 by 158,354 to
124,894. Ballot issue: "For amendments to Constitution of North
Carolina authorizing classification of intangible personal property"
or "Against amendments to Constitution of North Carolina authorizing
classification of intangible personal property" .
Pub. Laws 1929, ch. 108. Authorizing legislative classification of
property for purposes of taxation. Rejected 11/4/1930 by 152,760 to
120,264. Ballot issue: "for constitutional amendments authorizing
classification of property" and "against constitutional amendments
authorizing classification of property" .
Pub. Laws 1929, ch. 140. Providing for 20 solicitorial districts. Re-
jected 11/4/1930 by 153,332 to 102,705. Ballot issue: "For Amend-
ment Providing for Solicitorial Districts" or "Against Amendment
Providing for Solicitorial Districts" .
Pub. Laws 1929, ch. 142. Enlarging Supreme Court from five to seven mem-
bers. Rejected 11/4/1930 by 180,950 to 96,062. Ballot issue: "For
amendment increasing the Supreme Court from five to seven members" or
"Against amendment increasing the Supreme Court from five to seven
members" .
Pub. Laws 1931, ch. 47. Extending term of sheriff and coroner from two to
four years. Rejected 11/8/1932 by 275,458 to 187,834. Ballot issue:
"For amendment making term of office of sheriffs and coroners four
years instead of two" or "Against amendment making term of office of
sheriffs and coroners four years instead of two" .
Pub. Laws 1931, ch. 104. Permitting General Assembly to submit amendments
to the people at a general or special election. Rejected 11/8/1932
by 226,252 to 162,598. Ballot issue: Not prescribed by ch. 104.
Pub. Laws 1931, ch . 262. Exempting insurance policy on life of insured
for sole benefit of his wife and children from claims of his
creditors during life of insured. Ratified 11/8/1932 by 304,885 to
145,448. Ballot issue: "For Amendment to Constitution to Protect
Insurance for Widows and Children Against Creditors of Insured" or
"Against Amendment to Constitution to Protect Insurance for Widows
and Children Against Creditors of Insured" .
Pub. Laws 1931, ch . 367. Providing for 20 solicitorial districts. Re-
jected 11/8/1930 by 199,903 to 150,881. Ballot issue: "For Amend-
ment Providing for Solicitorial Districts" or "Against Amendment
Providing for Solicitorial Districts".
[Pub. Laws 1933, ch . 383. Proposed Constitution of 1933. (Never sub-
mitted to voters, due to adverse advisory opinion from Supreme Court
Justices.) Ballot issue: "For Amendment Amending the Preamble and
the Several Articles of the Constitution" or "Against Amendment
Amending the Preamble and the Several Articles of the Constitution" . ]
Pub. Laws 1935, ch . 248. Authorizing legislative classification of
property for purposes of taxation. Ratified 11/3/1936 by 242,899 to
152,516. Ballot issue: "For Classification of Property" or "Against
Classification of Property" .
Pub. Laws 1935, ch . 248. Increasing maximum income tax rate from six to
ten per cent. Ratified 11/3/1936 by 242,492 to 178,373. Ballot
issue: "For Increasing Limitation of Income Tax to ten per cent
(10%) " or "Against Increasing Limitation of Income Tax to ten per
cent (10%) " .
Pub. Laws 1935, ch. 248. Revising state and local debt limitations.
Ratified 11/3/1936 by 255,416 to 149,086. Ballot issue: "For Limi-
tations upon the Increase of Public Debt" or "Against Limitations
Upon the Increase of Public Debt".
Pub. Laws 1935, ch. 444. Authorizing General Assembly to enlarge Supreme
Court from five to seven members. Ratified 11/3/1936 by 257,980 to
168,496. Ballot issue: "For amendment to the Judicial Section of
the Constitution" or "Against amendment to the Judicial Section of
the Constitution" .
Pub. Laws 1935, ch. 444. Authorizing General Assembly to exempt from
taxation up to $1,000 in value of homestead. Ratified 11/3/1936 by
312,976 to 166,752. Ballot issue: "For exemption from taxation of
homes to the value of one thousand dollars ($1,000.00)" or "Against
exemption from taxation of homes to the value of one thousand dollars
($1, 000.00) " .
Pub. Laws 1937, ch. 241. Increasing term of sheriff and coroner from two
to four years. Ratified 11/8/1938 by 206,069 to 197,593. Ballot
issue: "For Amendment Making Term of Office of Sheriff and Coroner
Four Years" or "Against Amendment Making Term of Office of Sheriff
and Coroner Four Years".
Pub. Laws. 1937, ch. 447. Authorizing General Assembly to establish De-
partment of Justice. Ratified 11/8/1938 by 172,583 to 145,103.
Ballot issue: "For a Department of Justice" or "Against a Department
of Justice" .
Pub. Laws 1941, ch. 151. Reorganizing State Board of Education. Ratified
11/3/1942 by 148,517 to 109,798. Ballot issue: "For State Board of
Education Amendments" or "Against State Board of Education
Amendments" .
Pub. Laws 1941, ch. 261. Providing for 21 solicitorial districts. Rati-
fied 11/3/1942 by 107,702 to 92,883, Ballot issue: "For Amendment
Providing for Solicitorial Districts which need not be the same as
the Judicial Districts of the State" or "Against Amendment Providing
for Solicitorial Districts which need not be the same as the Judicial
Districts of the State".
Bess. Laws 1943, ch . 57. Making Commissioners of Agriculture, Labor, and
Insurance constitutional officers. Ratified 11/7/1944 by 234,683 to
106,321. Ballot issue: "For making Commissioner of Agriculture,
Commissioner of Labor, and Commissioner of Insurance constitutional
officers and members of the Council of State" or "Against making
Commissioner of Agriculture, Commissioner of Labor, and Commissioner
of Insurance constitutional officers and members of the Council of
State" .
Sess. Laws 1943, ch. 432. Exempting notaries public from double office
holding prohibition. Ratified 11/7/1944 by 205,373 to 127,965.
Ballot issue: "For Amendment Exempting Notaries Public from Prohibi-
tion against Double Office Holding" or "Against Amendment Exempting
Notaries Public from Prohibition against Double Office Holding" .
Sess. Laws 1943, ch . 468. Reorganizing State Board of Education. Rati-
fied 11/7/1944 by 164,723 to 107,742. Ballot issue: "For State
Board of Education Amendment" or "Against State Board of Education
Amendment " .
Sess. Laws 1943, ch. 497. Authorizing General Assembly to fix pay of
Lieutenant Governor. Ratified 11/7/1944 by 181,083 to 140,477.
Ballot issue: "For amendment authorizing General Assembly to provide
compensation for Lieutenant Governor" or "Against amendment authoriz-
ing General Assembly to provide compensation for Lieutenant
Governor" .
Sess. Laws 1943, ch. 662. Eliminating private examination of wife upon
sale of homestead. Ratified 11/7/1944 by 183,802 to 155,359. Ballot
issue: "For Amendment Abolishing Constitutional Requirement of
Private Examination of Wife for Sale of Homestead" or "Against
Amendment Abolishing Constitutional Requirement of Private Examina-
tion of Wife for Sale of Homestead" .
Sess. Laws 1945, ch. 634. Altering certain constitutional references to
males. Ratified 11/5/1946 by 186,540 to 133,396. Ballot issue:
"For Amendments Making the Constitution Equally Applicable to Men and
Women" or "Against Amendments Making the Constitution Equally Appli-
cable to Men and Women" .
Sess. Laws 1945, ch. 1042. Providing expense allowance for members of
General Assembly. Rejected 11/5/1946 by 143,918 to 143,021. Ballot
issue: "For amendment allowing limited necessary expenses of members
of the General Assembly" or "Against amendment allowing limited
necessary expenses of members of the General Assembly" .
Sess. Laws 1947, ch . 34. Providing that in necessary expense referenda, a
majority of those voting on the issue shall determine the outcome.
Ratified 11/2/1948 by 287,350 to 141,858. Ballot issue: "For deter-
mining results of special elections by majority vote" or "Against
determining results of special elections by majority vote" .
Sess. Laws 1947, ch. 361. Increasing pay of members of General Assembly.
Rejected 11/2/1948 by 248,786 to 235,535. Ballot issue: "For fixing
salaries of Members of the General Assembly at twelve hundred dollars
($1,200.00) and Presiding Officers at fifteen hundred dollars
($1,500.00) and fixing salaries for Extra Sessions at two hundred and
fifty dollars ($250.00) and three hundred dollars ($300.00)
respectively" or "Against fixing salaries of Members of the General
Assembly at twelve hundred dollars ($1,200.00) and Presiding Officers
at fifteen hundred dollars ($1,500.00) and fixing salaries for Extra
Sessions at two hundred and fifty dollars ($250.00) and three hundred
dollars ($300.00) respectively".
lU
Sess. Laws 1947, ch. 421. Increasing general purpose county and state
property tax limitation to 25C. Rejected 11/2/1948 by 374,154 to
90,414. Ballot issue: "For amendment increasing the amount of total
State and county tax which may be levied on property, by changing the
limitation on said tax from fifteen (15) cents on the one hundred
dollars ($100.00) valuation to twenty-five (25) cents on the one
hundred dollars ($100.00) valuation" or "Against amendment increasing
the amount of total State and county tax which may be levied on
property, by changing the limitation on said tax from fifteen (15)
cents on the one hundred dollars ($100.00) valuation to twenty-five
(25) cents on the one hundred dollars ($100.00) valuation".
Sess. Laws 1947, ch. 784. Repealing state and local constitutional debt
limitations. Rejected 11/2/1948 by 273,409 to 164,063. Ballot
issue: "For amendment removing debt limitation upon State, counties,
and municipalities for necessary expenses" or "Against amendment
removing debt limitation upon the State, counties, and municipalities
for necessary expenses".
Sess. Laws 1949, ch. 393. Allowing election of more than one Superior
Court Judge in a district. Ratified 11/7/1950 by 213,922 to 88,664.
Ballot issue: "For permitting the General Assembly to prescribe the
number of regular Superior Court judges in each judicial district,
provided each district has at least one" or "Against permitting the
General Assembly to prescribe the number of regular Superior Court
judges in each judicial district, provided each district has at least
one" .
Sess. Laws 1949, ch . 579. Permitting waiver of indictment in non-capital
cases. Ratified 11/7/1950 by 213,156 to 92,205. Ballot issue: "For
permitting any person, when represented by counsel, to waive indict-
ment in all except capital cases" or "Against permitting any person,
when represented by counsel, to waive indictment in all except
capital cases" .
Sess. Laws 1949, chs . 775 and 1194. Transferring duty of assigning
judges, etc., from Governor to Chief Justice. Ratified 11/7/1950 by
207,153 to 91,743. Ballot issue: "For transferring to the Chief
Justice of the Supreme Court the authority now exercised by the
Governor in the assignment of judges and the calling of special terms
of court, and empowering the Legislature to define the jurisdiction
of the special judges" or "Against transferring to the Chief Justice
of the Supreme Court the authority now exercised by the Governor in
the assignment of judges and the calling of special terms of court,
and empowering the Legislature to define the jurisdiction of the
special judges".
Sess. Laws 1949, ch . 821. Prohibiting diversion of funds of Teachers' and
State Employees' Retirement System. Ratified 11/7/1950 by 299,187 to
65,512. Ballot issue: "For amendment securing and safeguarding the
funds of the Teachers' and State Employees' Retirement System" or
"Against amendment securing and safeguarding the funds of the
Teachers' and State Employees' Retirement System".
11
Sess. Laws 1949, ch. 1267. Increasing pay of members of General Assembly.
Ratified 11/7/1950 by 215,269 to 108,672. Ballot issue: "For
amendment allowing limited necessary compensation of members of the
General Assembly" or "Against amendment allowing limited necessary
compensation of members of the General Assembly" .
Sess. Laws 1951, ch. 142. Increasing general purpose county and state
property tax limitation to 20<:. Ratified 11/4/1952 by 449,900 to
355,602. Ballot issue: "For limiting the amount of total State and
county tax which may be levied on property to twenty cents (20<:) on
the one hundred dollars ($100.00) valuation" or "Against limiting the
amount of total State and county tax which may be levied on property
to twenty cents (20<:) on the one hundred dollars ($100.00)
valuation" .
Sess. Laws 1951, ch. 1003. Providing for filling legislative vacancies by
appointment of Governor. Ratified 11/4/1952 by 460,856 to 251,395.
Ballot issue: "For amendment to fill a vacancy occurring in the
General Assembly by death, resignation or otherwise by immediate
appointment of the Governor, upon the recommendation of the executive
committee of the county in which the deceased or resigned member was
resident, being the executive committee of the political party with
which the deceased or resigned member was affiliated at the time of
his election" or "Against amendment to fill a vacancy occurring in
the General Assembly by death, resignation or otherwise by immediate
appointment of the Governor, upon the recommendation of the executive
committee of the county in which the deceased or resigned member was
resident, being the executive committee of the political party with
which the deceased or resigned member was affiliated at the time of
his election" .
Sess. Laws 1953, ch. 1082. Providing that persons appointed to judicial
vacancies by Governor hold until next regular election for members of
General Assembly that is held more than 3 0 days after vacancy occurs.
Ratified 11/4/1952 by 474,602 to 204,488. Ballot issue: "For
amendment providing a uniform method for filling vacancies in certain
State offices" or "Against amendment providing a uniform method for
filling vacancies in certain State offices".
Sess. Laws 1953, ch. 611. Authorizing retirement and recall to duty of
Supreme Court Justices. Ratified 11/2/1954 by 205,788 to 137,086.
Ballot issue: "For Amendment Vesting the General Assembly with
Authority to Provide for the Retirement of Members of the Supreme
Court and for the Recall of Such Retired Members to Serve on Said
Court in Lieu of Any Active Member Who for Any Cause is Temporarily
Incapacitated" or "Against Amendment Vesting the General Assembly
with Authority to Provide for the Retirement of Members of the
Supreme Court and for the Recall of Such Retired Members to Serve on
Said Court in Lieu of Any Active Member Who for Any Cause is Tempo-
rarily Incapacitated" .
12
Sess. Laws 1953, ch. 621. Transferring parole authority from Governor to
Board of Paroles. Ratified 11/4/1954 by 213,088 to 124,797. Ballot
issue: "For amendment authorizing the General Assembly to establish
a Board of Paroles with complete authority to grant, revoke and
terminate paroles" or "Against amendment authorizing the General
Assembly to establish a Board of Paroles with complete authority to
grant, revoke and terminate paroles".
Sess. Laws 1953, ch. 803. Limiting any county to a maximum of one
Senator. Rejected 11/2/1954 by 200,436 to 147,588. Ballot issue:
"For constitutional amendment providing that where one county consti-
tutes a senatorial district, such county shall be limited to one
senator in the General Assembly of the State" or "Against constitu-
tional amendment providing that where one county constitutes a sena-
torial district, such county shall be limited to one senator in the
General Assembly of the State".
Sess. Laws 1953, ch . 972. Reducing precinct residence period for voting
from four months to thirty days. Ratified 11/2/1954 by 195,474 to
148,698. Ballot issue: "For amendment reducing the length of resi-
dence for voting in a precinct from four months to thirty days pre-
ceding an election" or "Against amendment reducing the length of
residence for voting in a precinct from four months to thirty days
preceding an election" .
Sess. Laws 1953, ch. 1033. Abolishing short terms of office for elected
state executive and judicial officers. Ratified 11/2/1954 by 190,098
to 135,683. Ballot issue: "For amendment abolishing the requirement
for an election for short term offices occurring between the date of
the General Election and the following January first" or "Against
amendment abolishing the requirement for an election for short term
offices occurring between the date of the General Election and the
following January first".
Sess. Laws 1955, ch. 1169. Increasing compensable service period and
authorizing expense allowances for members of General Assembly.
Ratified 9/8/1956 by 343,351 to 137,944. Ballot issue: "For amend-
ment allowing limited necessary compensation of members of the
General Assembly" or "Against amendment allowing limited necessary
compensation of members of the General Assembly" .
Sess. Laws 1955, ch. 1245. Empowering married woman to execute power of
attorney given by husband. Ratified 9/8/1956 by 412,655 to 70,316.
Ballot issue: "For amendment authorizing married woman to exercise
powers of attorney conferred upon her by her husband" or "Against
amendment authorizing married woman to exercise powers of attorney
conferred upon her by her husband" .
Sess. Laws 1955, ch. 1253. Moving General Assembly's convening date to
February. Ratified 9/8/1956 by 382,968 to 84,695. Ballot issue:
"For constitutional amendment changing the date for convening the
General Assembly from January to February" or "Against constitutional
amendment changing the date for convening the General Assembly from
January to February" .
13
Sess . Laws 1956 (Ex. Sess.) , ch. 1. Authorizing education expense grants
and local option school closing. Ratified 9/8/1956 by 471,657 to
101,767. Ballot issue: "FOR constitutional amendment authorizing
education expense grants for private education and authorizing local
vote to suspend local schools" or "AGAINST constitutional amendment
authorizing education expense grants for private education and
authorizing local vote to suspend local schools".
Sess. Laws 1957, ch. 908. Increasing civil jurisdiction of justices of
the peace. Rejected 11/4/1958 by 301,090 to 199,240. Ballot issue:
"For amendment increasing jurisdiction of justices of the peace" or
"Against amendment increasing jurisdiction of justices of the peace".
[S.B. 99 (1959). Rewriting Constitution of North Carolina. Postponed
indefinitely in House of Representatives. Ballot issue: "For amend-
ment and alteration of the Constitution of North Carolina" or
"Against amendment and alteration of the Constitution of North
Carolina" . ]
Sess. Laws 1961, ch. 313. Revising judicial article. Ratified 11/6/1962
by 357,067 to 232,774. Ballot issue: "FOR constitutional amendments
revising the structure and functioning of the Judicial Department of
North Carolina" or "Against constitutional amendments revising the
structure and functioning of the Judicial Department of North
Carolina" .
Sess. Laws 1961, ch. 459. Providing for automatic decennial reapportion-
ment of House of Representatives. Ratified 11/6/1962 by 311,586 to
231,329. Ballot issue: "For amendment providing for automatic and
mandatory reapportionment of the members of the House of Representa-
tives of the General Assembly after the return of every enumeration
by order of Congress" or "Against amendment providing for automatic
and mandatory reapportionment of the members of the House of Repre-
sentatives of the General Assembly after the return of every enumera-
tion by order of Congress".
Sess. Laws 1961, ch . 466. Providing for succession to elective state
executive offices. Ratified 11/6/1962 by 321,423 to 223,670. Ballot
issue: "FOR constitutional amendments concerning succession to
office of Governor, providing methods for determining incapacity of
Governor, concerning appointment of acting officers to perform duties
of elected state executive officers in certain cases, authorizing
General Assembly to provide a method for determining incapacity of
elected state executive officers other than Governor, and fixing the
permanent seat of government at Raleigh" or "AGAINST constitutional
amendments concerning succession to office of Governor, providing
methods for determining incapacity of Governor, concerning appoint-
ment of acting officers to perform duties of elected state executive
officers in certain cases, authorizing General Assembly to provide a
method for determining incapacity of elected state executive officers
other than Governor, and fixing the permanent seat of government at
Raleigh" .
14
Sess . Laws 1961, ch. 591. Authorizing reduction in residence period for
presidential voters. Ratified 11/6/1962 by 332,731 to 223,898.
Ballot issue: "FOR amendment permitting General Assembly to reduce
time of residence for persons to vote for Presidential and Vice-
Presidential Electors, if otherwise qualified" or "AGAINST amendment
permitting General Assembly to reduce time of residence for persons
to vote for Presidential and Vice-Presidential Electors, if otherwise
qualified" .
Sess. Laws 1961, ch. 840. Permitting increase in compensation of elected
state executive officers during term. Ratified 11/6/1962 by 296,440
to 252,393. Ballot issue: "For greater legislative authority over
the salaries of the State Executive Officers" or "Against greater
legislative authority over the salaries of the State Executive
Officers" .
Sess. Laws 1961, ch. 1169. Requiring uniform statewide legislative action
in classifying and exempting property for tax purposes. Ratified
11/6/1962 by 300,518 to 244,529. Ballot issue: "For Constitutional
amendment providing that the power of the General Assembly to
classify and exempt property for taxation be exercised only on a
State-wide basis" or "Against Constitutional amendment providing that
the power of the General Assembly to classify and exempt property for
taxation be exercised only on a State-wide basis".
Sess. Laws 1963, ch. 1209. Enlarging rights of married women to deal with
their own property. Ratified 1/14/1964 by 274,291 to 66,676. Ballot
issue: "FOR the constitutional amendments empowering the General
Assembly to make the rights of husband and wife the same in each
other's separate property" or "AGAINST the constitutional amendments
empowering the General Assembly to make the rights of husband and
wife the same in each other's separate property".
Sess. Laws 1963 (Ex. Sess.), ch. 2. Enlarging Senate and apportioning
Representatives one per county. Rejected 1/14/1964 by 224,488 to
125,334. Ballot issue: "FOR constitutional amendment increasing
membership of Senate from fifty (50) to seventy (70) , providing for
compulsory redistricting of Senate, and reducing number of Represen-
tatives from one hundred twenty (120) to one hundred (100)" or
"AGAINST constitutional amendment increasing membership of Senate
from fifty (50) to seventy (70) , providing for compulsory redistrict-
ing of Senate, and reducing number of Representatives from one
hundred twenty (120) to one hundred (100)".
Sess. Laws 1965, ch. 877. Authorizing General Assembly to establish a
Court of Appeals. Ratified 11/2/1965 by 227,917 to 81,701. Ballot
issue: "FOR constitutional amendments authorizing the General
Assembly to create a Court of Appeals in the Appellate Division of
the General Court of Justice" or "Against constitutional amendments
authorizing the General Assembly to create a Court of Appeals in the
Appellate Division of the General Court of Justice".
15
Sess. Laws 1967, ch. 391. Authorizing General Assembly to fix compensa-
tion of its members. Ratified 11/5/1968 by 573,289 to 465,225.
Ballot issue: "FOR constitutional amendment establishing procedure
for fixing compensation of members and officers of the General
Assembly, and denying benefit of any increase in compensation to
members of session which enacts it" or "AGAINST constitutional amend-
ment establishing procedure for fixing compensation of members and
officers of the General Assembly, and denying benefit of any increase
in compensation to members of session which enacts it".
Sess. Laws 1967, ch. 640. Revising legislative apportionment provisions.
Ratified 11/5/1968 by 582,633 to 373,395. Ballot issue: "FOR
constitutional amendments continuing present system of representation
in the General Assembly" or "AGAINST constitutional amendments
continuing present system of representation in the General Assembly" .
16
Constitution of 1971
Sess. Laws 1969, ch. 827. Reassigning benefits of escheats. Ratified
11/3/1970 by 362,097 to 248,451. Ballot issue: "FOR constitutional
amendment providing that after June 30, 1971, the escheats shall be
used to aid North Carolina residents enrolled in any public institu-
tion of higher education in this State" or "AGAINST constitutional
amendment providing that after June 30, 1971, the escheats shall be
used to aid North Carolina residents enrolled in any public institu-
tion of higher education in this State" .
Sess. Laws 1969, ch. 872. Authorizing General Assembly to fix personal
income tax exemptions. Ratified 11/3/1970 by 336,660 to 282,697.
Ballot issue: "FOR constitutional amendment authorizing General
Assembly to fix personal exemptions for income tax purposes" or
"AGAINST constitutional amendment authorizing General Assembly to fix
personal exemptions for income tax purposes".
Sess. Laws 1969, ch . 932. Executive reorganization amendment. Ratified
11/3/1970 by 400,892 to 248,795. Ballot issue: "FOR constitutional
amendment to require General Assembly to reduce number of State
administrative departments to 25 and to authorize Governor to re-
organize administrative departments, subject to legislative approval"
or "AGAINST constitutional amendment to require General Assembly to
reduce number of State administrative departments to 25 and to
authorize Governor to reorganize administrative departments, subject
to legislative approval".
Sess. Laws 1969, ch . 1004. Repealing literacy requirement for voting.
Rejected 11/3/1970 by 355,347 to 279,132. Ballot issue: "FOR con-
stitutional amendment abolishing literacy requirement for voting" or
"AGAINST constitutional amendment abolishing literacy requirement for
voting" .
Sess. Laws 1969, ch. 1200. Revising finance article. Ratified 11/3/1970
by 323,131 to 281,087. Ballot issue: "FOR constitutional amendment
revising those portions of the present or proposed State Constitution
concerning State and local finance" or "AGAINST constitutional amend-
ment revising those portions of the present or proposed State Consti-
tution concerning State and local finance" .
Sess. Laws 1969, ch. 1258. Revising Constitution of North Carolina.
Ratified 11/3/1970 by 393,759 to 251,132. Ballot issue: "FOR revi-
sion and amendment of the Constitution of North Carolina" or "AGAINST
revision and amendment of the Constitution of North Carolina" .
Sess. Laws 1969, ch . 1270. Authorizing calling of extra legislative ses-
sions on petition of legislators. Ratified 11/3/1970 by 332,981 to
285,581. Ballot issue: "FOR constitutional amendment permitting
three-fifths of the members of the General Assembly to convene extra
sessions of the General Assembly" or "AGAINST constitutional amend-
ment permitting three-fifths of the members of the General Assembly
to convene extra sessions of the General Assembly" .
17
Sess. Laws 1971, ch. 201. Lowering voting age to 18. Ratified 11/7/1972
by 762,651 to 425,708. Ballot issue: "FOR State constitutional
amendment reducing the voting age to 18 years and providing that only
persons 21 years of age or older shall be eligible for elective
office" or ".AlGAINST State constitutional amendment reducing the vot-
ing age to 18 years and providing that only persons 21 years of age
or older shall be eligible for elective office" .
Sess. Laws 1971, ch. 451. Requiring legislative age limit for justices
and judges. Ratified 11/7/1972 by 811,440 to 304,489. Ballot issue:
"FOR constitutional amendment to require the General Assembly to
prescribe maximum age limits for service as a justice or judge" or
"AGAINST constitutional amendment to require the General Assembly to
prescribe maximum age limits for service as a justice or judge" .
Sess. Laws 1971, ch. 560. Authorizing legislative provision for censure
or removal of justices and judges. Ratified 11/7/1972 by 807,960 to
272,470. Ballot issue: "FOR constitutional amendment authorizing
the General Assembly to prescribe procedures for the censure and
removal of Justices and Judges of the General Court of Justice" or
"AGAINST constitutional amendment authorizing the General Assembly to
prescribe procedures for the censure and removal of Justices and
Judges of the General Court of Justice".
Sess. Laws 1971, ch. 630. Declaring state policy to conserve and protect
natural resources. Ratified 11/7/1972 by 976,581 to 146,895. Ballot
issue: "FOR constitutional amendment to conserve and protect North
Carolina's natural resources" or "AGAINST constitutional amendment to
conserve and protect North Carolina's natural resources".
Sess. Laws 1971, ch . 857. Limiting the incorporation of towns near exist-
ing towns. Ratified 11/7/1972 by 694,921 to 374,184. Ballot issue:
"FOR constitutional amendment limiting incorporation of cities and
towns" or "AGAINST constitutional amendment limiting incorporation of
cities and towns".
Sess. Laws 1973, ch. 394. Changing title of Solicitor to District
Attorney. Ratified 11/5/1974 by 474,199 to 249,452. Ballot issue:
"FOR constitutional amendment changing the title of the constitu-
tional office of 'Solicitor' to 'District Attorney'" or "AGAINST
constitutional amendment changing the title of the constitutional
office of 'Solicitor' to 'District Attorney'".
Sess. Laws 1973 (1974 sess.), ch. 1222. Authorizing legislation to pro-
vide for tax-exempt industrial revenue bonds. Rejected 11/5/1974 by
376,269 to 317,285. Ballot issue: "FOR constitutional amendment to
create jobs and employment opportunities and to protect the environ-
ment by authorizing the issuance of revenue bonds to finance indus-
trial pollution control facilities among others for industry and the
ratification, validation, confirmation and approval of Chapter 633 of
the 1971 Session Laws as amended by Chapter 476 of the 1973 Session
Laws of the General Assembly which implements the foregoing and of
the proceedings taken pursuant thereto by any county of the State in
the creation of a county pollution abatement and industrial
18
facilities financing authority and all proceedings by an authority so
created in authorizing the financing of industrial and pollution
control facilities" or "AGAINST constitutional amendment to create
jobs and employment opportunities and to protect the environment by
authorizing the issuance of revenue bonds to finance industrial pol-
lution control facilities among others for industry and the ratifica-
tion, validation, confirmation and approval of Chapter 633 of the
1971 Session Laws as amended by Chapter 476 of the 1973 Session Laws
of the General Assembly which implements the foregoing and of the
proceedings taken pursuant thereto by any county of the State in the
creation of a county pollution abatement and industrial facilities
financing authority and all proceedings by an authority so created in
authorizing the financing of industrial and pollution control
facilties" .
Sess. Laws 1975, ch. 641. Authorizing the issuance of revenue bonds to
finance or refinance health care facility projects. Ratified 3/23/76
by 382,091 to 311,300. Ballot issue: "FOR constitutional amendment
to permit the General Assembly to enact general laws to authorize the
State, counties, cities or towns, and other State and local govern-
mental entities to issue revenue bonds to finance or refinance for
any such governmental entity or any nonprofit private corporation,
regardless of any church or religious relationship, the cost of
acquiring, constructing and financing health care facility projects,
such bonds to be payable from the revenues, gross or net, of any such
projects and any other health care facilities of any such govern-
mental entity or nonprofit private corporation pledged therefor" or
"AGAINST constitutional amendment to permit the General Assembly to
enact general laws to authorize the State, counties, cities or towns,
and other State and local governmental entities to issue revenue
bonds to finance or refinance for any such governmental entity or any
nonprofit private corporation, regardless of any church or religious
relationship, the cost of acquiring, constructing and financing
health care facility projects, such bonds to be payable from the
revenues, gross or net, of any such projects and any other health
care facilities of any such governmental entity or nonprofit private
corporation pledged therefor".
Sess. Laws 1975, ch. 826. Authorizing the issuance of revenue bonds to
finance industrial development and pollution control projects for
industry, and pollution control projects for public utilities. Rati-
fied 3/23/76 by 373,033 to 304,938. Ballot issue: "FOR Constitu-
tional amendment to permit the General Assembly to enact general laws
to authorize counties to create authorities to issue revenue bonds to
finance, but not to refinance, the cost of capital projects consist-
ing of industrial, manufacturing and pollution control facilities for
industry and pollution control facilities for public utilities, and
to refund such bonds, such bonds to be secured by and payable only
from revenues or property derived from private parties and in no
event to be secured by or payable from any public moneys whatsoever"
or "AGAINST Constitutional amendment to permit the General Assembly
to enact general laws to authorize counties to create authorities to
issue revenue bonds to finance, but not to refinance, the cost of
capital projects consisting of industrial, manufacturing and
19
pollution control facilities for industry and pollution control
facilities for public utilities, and to refund such bonds, such bonds
to be secured by and payable only from revenues or property derived
from private parties and in no event to be secured by or payable from
any public moneys whatsoever" .
Sess. Laws 1977, ch. 80. Extending the benefit of the homestead exemption
to surviving spouses of either sex. Ratified 11/8/77 by 517,366 to
59,714. Ballot issue: "FOR constitutional amendment extending to a
married man (as a married woman now has) the right to receive the
homestead exemption, so that the exemption is available to the sur-
viving spouse of the owner of a homestead, if the owner dies leaving
no minor children and the surviving spouse does not own a separate
homestead" or "AGAINST constitutional amendment extending to a
married man (as a married woman now has) the right to receive the
homestead exemption, so that the exemption is available to the sur-
viving spouse of the owner of a homestead, if the owner dies leaving
no minor children and the surviving spouse does not own a separate
homestead" .
Sess. Laws 1977, ch . 115. Permitting any person (not only a husband) to
insure his or her own life for the benefit of his or her spouse or
children or both, free from claims of creditors of the insured or of
the insured's estate. Ratified 11/8/77 by 513,526 to 57,835. Ballot
issue: "FOR constitutional amendment allowing every person the right
to insure his or her life for the benefit of his or her spouse or
children or both, free from all claims of the representatives or
creditors of the insured or his or her estate" or "AGAINST constitu-
tional amendment allowing every person the right to insure his or her
life for the benefit of his or her spouse or children or both, free
from all claims of the representatives or creditors of the insured or
his or her estate".
Sess. Laws 1977, ch. 363. Empowering the voters to elect the Governor and
Lieutenant Governor for two consecutive terms. Ratified 11/8/77 by
307,754 to 278,013. Ballot issue: "FOR constitutional amendment em-
powering the qualified voters of the State to elect the Governor and
Lieutenant Governor to a second successive term of the same office"
or "AGAINST constitutional amendment empowering the qualified voters
of the State to elect the Governor and Lieutenant Governor to a
second successive term of the same office".
Sess. Laws 1977, ch. 528. Permitting municipalities that generate or dis-
tribute electric power to own and operate generating and distribution
facilities jointly with public or private entities engaged in that
business. Ratified 11/8/77 by 349,935 to 180,624. Ballot issue:
"FOR Constitutional amendment to permit municipalities owning or
operating electrical generation, transmission or distribution facili-
ties and joint agencies composed of such municipalities to own,
operate and maintain generation and transmission facilities with any
person, firm, association or corporation, public or private, engaged
in the generation, transmission or distribution of electric power and
energy for resale (each, respectively, 'a co-owner') within this
State or any state contiguous to this State, and to issue electric
20
revenue bonds to finance the cost of the ownership share of such
municipalities or joint agencies, such bonds to be secured by and
payable only from the electric revenues of such municipalities or
joint agencies and providing that no money or property of such munic-
ipalities or joint agencies shall be credited or applied to the
account of any such co-owner" or "AGAINST Constitutional amendment to
permit municipalities owning or operating electrical generation,
transmission or distribution facilities and joint agencies composed
of such municipalities to own, operate and maintain generation and
transmission facilities with any person, firm, association or corpo-
ration, public or private, engaged in the generation, transmission or
distribution of electric power and energy for resale (each, respec-
tively, 'a co-owner') within this State or any state contiguous to
this State, and to issue electric revenue bonds to finance the cost
of the ownership share of such municipalities or joint agencies, such
bonds to be secured by and payable only from the electric revenues of
such municipalities or joint agencies and providing that no money or
property of such municipalities or joint agencies shall be credited
or applied to the account of any such co-owner".
Sess. Laws 1977, ch. 690. Requiring that the State budget be balanced at
all times. Ratified 11/8/77 by 443,453 to 104,935. Ballot issue:
"FOR constitutional amendment requiring that the total expenditures
of the State for the fiscal period covered by the State budget shall
not exceed the total of revenues raised during that fiscal period and
any surplus remaining in the State Treasury at the beginning of the
period, and requiring the Governor to effect the necessary economies
in State expenditures whenever he determines that a deficit is
threatened" or "AGAINST constitutional amendment requiring that the
total expenditures of the State for the fiscal period covered by the
State budget shall not exceed the total of revenues raised during
that fiscal period and any surplus remaining in the State Treasury at
the beginning of the period, and requiring the Governor to effect the
necessary economies in State expenditures whenever he determines that
a deficit is threatened" .
Sess. Laws 1979, ch. 638. Providing that only persons authorized to
practice law in the courts of this State are eligible to be justices
and judges of the General Court of Justice. Ratified 11/4/80 by
888,634 to 352,714. Ballot issue: "FOR constitutional amendment
requiring Justices and Judges of the Supreme Court, Court of Appeals,
Superior Court and District Court to be duly authorized to practice
law prior to election or appointment" or "AGAINST constitutional
amendment requiring Justices and Judges of the Supreme Court, Court
of Appeals, Superior Court and District Court to be duly authorized
to practice law prior to election or appointment".
Sess. Laws 1981, ch . 504. Increasing the terms of State Senators and
Representatives from two to four years. Rejected 6/29/82 by 522,181
to 163,058. Ballot issue: "FOR constitutional amendment making the
term of members of the General Assembly four years, beginning with
members elected in 1982; and conforming amendments concerning the
election of other officers and the filling of vacancies" or "AGAINST
constitutional amendment making the term of members of the General
21
Assembly four years, beginning with members elected in 1982; and
conforming amendments concerning the election of other officers and
the filling of vacancies".
Sess. Laws 1981, ch . 513. Authorizing legislation to provide for the
recall of retired State Supreme Court Justices and Court of Appeals
Judges to serve temporarily on either court. Ratified 6/29/82 by
356,895 to 295,638. Ballot issue: "FOR constitutional amendment
authorizing General Assembly to provide for temporary recall of
retired Supreme Court Justices or Court of Appeals Judges to serve
temporarily on either appellate court" or "AGAINST constitutional
amendment authorizing General Assembly to provide for temporary
recall of retired Supreme Court Justices or Court of Appeals Judges
to serve temporarily on either appellate court".
Sess. Laws 1981, ch. 803. Authorizing legislation to grant the State
Supreme Court jurisdiction to review on direct appeal a final order
or decision of the North Carolina Utilities Commission. Ratified
6/29/82 by 392,886 to 253,629. Ballot issue: "FOR constitutional
amendment giving the Supreme Court authority to review, when
authorized by law, direct appeals from the N.C. Utilities Commission"
or "AGAINST constitutional amendment giving the Supreme Court
authority to review, when authorized by law, direct appeals from the
N.C. Utilities Commission".
Sess. Laws 1981, ch. 808. Authorizing legislation to empower public
bodies, in order to develop North Carolina seaports and airports, to
acquire, construct, finance, refinance, sell, or lease lands and
facilities, and to finance for private interests seaport, airport,
and other related commercial facilities. Rejected 6/29/82 by 342,567
to 292,031. Ballot issue: "FOR Constitutional amendment to permit
the General Assembly to grant to appropriate public bodies additional
powers to develop new and existing seaports and airports, including
powers to finance and refinance for public and private parties sea-
port and airport and related commercial, industrial, manufacturing,
processing, mining, transportation, distribution, storage, marine,
aviation and environmental facilities and improvements" or "AGAINST
Constitutional amendment to permit the General Assembly to grant to
appropriate public bodies additional powers to develop new and exist-
ing seaports and airports, including powers to finance and refinance
for public and private parties seaport and airport and related com-
mercial, industrial, manufacturing, processing, mining, transporta-
tion, distribution, storage, marine, aviation and environmental
facilities and improvements".
Sess. Laws 1981, ch. 887. Authorizing legislation to permit the State to
issue tax-exempt revenue bonds to finance or refinance the acquisi-
tion and construction of facilities for private institutions of
higher education. Rejected 6/29/82 by 338,650 to 303,292. Ballot
issue: "FOR constitutional amendment to permit the General Assembly
to enact general laws to authorize the State, or any state entity to
issue revenue bonds to finance or refinance the cost of acquiring,
constructing and financing higher education facilities for any non-
profit private corporation, regardless of any church or religious
22
relationship, such bonds to be payable from any revenues or assets of
any such nonprofit private corporation pledged therefor" or "AGAINST
constitutional amendment to permit the General Assembly to enact
general laws to authorize the State, or any state entity to issue
revenue bonds to finance or refinance the cost of acquiring, con-
structing and financing higher education facilities for any nonprofit
private corporation, regardless of any church or religious relation-
ship, such bonds to be payable from any revenues or assets of any
such nonprofit private corporation pledged therefor" .
Sess. Laws 1981 (1982 sess.), ch. 1241. Providing that the terms of State
Senators and Representatives shall begin 1 January next after their
election. Ratified 11/2/82 by 690,218 to 276,432. Ballot issue:
"FOR constitutional amendment providing that the term of office of
members of the General Assembly begins on the first day of January
following their election" or "AGAINST constitutional amendment
providing that the term of office of members of the General Assembly
begins on the first day of January following their election" .
Sess. Laws 1981 (1982 sess.), ch. 1247. Authorizing legislation to permit
municipalities to issue tax increment bonds. Rejected 11/2/82 by
810,565 to 182,147. Ballot issue: "FOR Constitutional amendment
permitting the General Assembly to enact general laws permitting
issuance of tax increment bonds, without voter approval" or "AGAINST
Constitutional amendment permitting the General Assembly to enact
general laws permitting issuance of tax increment bonds, without
voter approval".
Sess. Laws 1983, ch . 298. Providing that only persons authorized to
practice law in the courts of this State are eligible to be Attorney
General or a District Attorney. Ratified 11/6/84 by 1,159,460 to
357,796. Ballot issue: "FOR constitutional amendment requiring
Attorney General and District Attorneys to be duly authorized to
practice law prior to election or appointment" or "AGAINST constitu-
tional amendment requiring Attorney General and District Attorneys to
be duly authorized to practice law prior to election or appointment".
Sess. Laws 1983, ch. 765. Authorizing legislation to permit the issuance
by the State of tax-exempt revenue bonds to finance and refinance
agricultural capital facilities. Ratified 5/8/84 by 420,405 to
360,009. Ballot issue: "FOR Constitutional amendment to permit the
General Assembly to enact general laws to authorize the creation of
an agency to issue revenue bonds to finance the cost of capital
projects consisting of agricultural facilities, and to refund such
bonds, such bonds to be secured by and payable only from revenues or
property derived from private parties and in no event to be secured
by or payable from any public moneys whatsoever" or "AGAINST Consti-
tutional amendment to permit the General Assembly to enact general
laws to authorize the creation of an agency to issue revenue bonds to
finance the cost of capital projects consisting of agricultural
facilities, and to refund such bonds, such bonds to be secured by and
payable only from revenues or property derived from private parties
and in no event to be secured by or payable from any public moneys
whatsoever" .
23
[Sess. Laws 1985, ch . 61. Authorizing legislation to prohibit future
Governors and Lieutenant Governors from succeeding themselves except
for the present Governor and Lieutenant Governor. Ballot issue:
"FOR A constitutional amendment prohibiting future Governors and
Lieutenant Governors from succeeding themselves, except that the
present Governor and Lieutenant Governor may be re-elected in the
1988 General Election" or "AGAINST A constitutional amendment pro-
hibiting future Governors and Lieutenant Governors from succeeding
themselves, except that the present Governor and Lieutenant Governor
may be re-elected in the 1988 General Election" . This proposed
amendment was repealed by Sess. Laws 1985 (1986 sess.), c. 1010, and
therefore did not go to a vote of the people.]
Sess. Laws 1985, ch. 768. Authorizing legislation to provide for election
of State and county officers in odd-numbered years. Rejected 5/6/86
by 547,076 to 230,159. Ballot issue: "FOR constitutional amendments
providing for election of State and county officers in odd-numbered
years" or "AGAINST constitutional amendments providing for election
of State and county officers in odd-numbered years".
Sess. Laws 1985 (1986 sess.), ch. 814. Permitting the General Assembly to
enact laws to allow revenue bonds to be issued to finance or re-
finance higher education facilities for private nonprofit institu-
tions. Ratified 11/4/86 by 675,587 to 448,845. Ballot issue: "FOR
constitutional amendment to permit the General Assembly to enact
general laws to authorize the State, or any State entity to issue
revenue bonds to finance or refinance the cost of acquiring, con-
structing and financing higher education facilities for any nonprofit
private corporation, regardless of any church or religious relation-
ship, such bonds to be payable from any revenues or assets of any
such nonprofit private corporation pledged therefor" or "AGAINST
constitutional amendment to permit the General Assembly to enact
general laws to authorize the State, or any State entity to issue
revenue bonds to finance or refinance the cost of acquiring, con-
structing and financing higher education facilities for any nonprofit
private corporation, regardless of any church or religious relation-
ship, such bonds to be payable from any revenues or assets of any
such nonprofit private corporation pledged therefor" .
Sess. Laws 1985 (1986 sess.), ch . 920. Providing for elections to be held
to fill the remainder of an unexpired term if vacancy occurs 60 days
before next election. Ratified 11/4/86 by 740,241 to 365,959.
Ballot issue: "FOR constitutional amendment providing that an elec-
tion shall be held to fill the remainder of the unexpired term if the
vacancy occurs more than 60 days before the next election, rather
than 3 0 days as is presently provided" or "AGAINST constitutional
amendment providing that an election shall be held to fill the re-
mainder of the unexpired term if the vacancy occurs more than 60 days
before the next election, rather than 30 days as is presently
provided" .
Sess Laws 1985 (1986 sess.), ch . 933. Permitting the General Assembly to
assist in the development of new and existing seaports and airports.
Ratified 11/4/86 by 688,911 to 391,908. Ballot issue: "FOR
24
Constitutional amendment to assist in the development of new and
existing seaports and airports without creating a debt secured by the
faith and credit of the State or any other public body by permitting
the General Assembly to grant to the State and other public bodies
additional powers to develop new and existing seaports and airports,
including powers to finance and refinance for public and private
parties seaport and airport related commercial, industrial, manu-
facturing, processing, mining, transportation, distribution, storage,
marine, aviation and environmental facilities and improvements" or
"AGAINST Constitutional amendment to assist in the development of new
and existing seaports and airports without creating a debt secured by
the faith and credit of the State or any other public body by per-
mitting the General Assembly to grant to the State and other public
bodies additional powers to develop new and existing seaports and
airports, including powers to finance and refinance for public and
private parties seaport and airport related commercial, industrial,
manufacturing, processing, mining, transportation, distribution,
storage, marine, aviation and environmental facilities and
improvements" .
Sess . Laws 1993, ch. 497. Authorizing counties and cities to issue tax
increment bonds without voter approval. Rejected 11/2/1993 by
651,190 to 197,762. Ballot issue: "FOR constitutional amendment
permitting the General Assembly to enact general laws permitting
issuance of bonds without a referendum to finance public projects
associated with private industrial and commerical economic
development projects, with the bonds to be secured in whole or in
part by the additional revenues from taxes levied on the incremental
value of the property in the territorial area" or "AGAINST
constitutional amendment permitting the General Assembly to enact
general laws permitting issuance of bonds without a referendum to
finance public projects associated with private industrial and
commercial economic development projects, with the bonds to be
secured in whole or in part by the additional revenues from taxes
levied on the incremental value of the property in the territorial
area . "
Sess. Laws 1995, ch. 5. Authorizing the Governor to veto ordinary
statewide legislation, subject to being overridden by the General
Assembly. Ratified 11/5/1996 by 1,652,294 to 544,335. Ballot issue:
FOR or AGAINST "Constitutional amendments granting veto power to the
Governor . "
Sess. Laws 1995, ch. 429. Adding to constitutionally authorized
punishments for crime. Ratified 11/5/1996 by 1,889,620 to 303,596.
Ballot issue: FOR or AGAINST "Constitutional amendment to provide
that probation, restitution, community service, work programs, and
other restraints on liberty are punishments that may be imposed on a
person convicted of a criminal offense."
Sess. Laws 1995, ch. 438. Establishing rights for victims of crime, as
defined by the General Assembly. Ratified 11/5/1996 by 1,714,872 to
488,805. Ballot issue: FOR or AGAINST "Constitutional amendment
adding Victims' Rights Amendment, giving crime victims basic rights
to participate in the criminal justice system."
25
Appendix 1
NORTH CAROLINA STATE
CONSTITUTIONAL PROPOSITIONS
VOTED ON BY THE PEOPLE, 1868-1996
Year
Year
of V(?te
Ratified
Rejected
of Vote
Ratified
Rejected
1868
1
0
1946
1
1
1873
8
0
1948
1
3
1876
1
0
1950
5
0
1880
2
0
1952
3
0
1888
1
0
1954
4
1
1892
0
1
1956
4
0
1900
1
0
1958
0
1
1914
0
10
1962
6
0
1916
4
0
1964
1
1
1918
2
0
1966
1
0
1920
2
0
1968
2
0
1922
0
1
1970
6
1
1924
3
1
1972
5
0
1926
1
0
1974
1
1
1928
1
2
1976
2
0
1930
0
3
1977
5
0
1932
1
3
1980
1
0
1936
5
0
1982
3
4
1938
2
0
1984
2
0
1942
2
0
1986
3
1
1944
5
0
1993
1996
0
3
1
0
Total
101
36
In the above table, each issue on which the people have voted is
counted as one , whether it involved only a single section (as was often
the case) , a whole article (as in the case of the 1900 suffrage amendment
and the 1962 court amendment) , or a revision and restatement of the entire
Constitution (as in 1868 and 1970) .
26
Appendix 2
AMENDMENTS TO THE
CONSTITUTION OF NORTH CAROLINA
1835
[In force, 1836-1868]
"ARTICLE IV.
"Section I .
"1. No Convention of the People shall be called by the General
Assembly, unless by the concurrence of two-thirds of all the members of
each House of the General Assembly.
"2. No part of the Constitution of this State shall be altered,
unless a Bill to alter the same shall have been read three times in each
House of the General Assembly, and agreed to by three- fifths of the whole
number of members of each House respectively; nor shall any alteration
take place until the bill so agreed to shall have been published six
months previous to a new election of members to the General Assembly. If,
after such publication, the alteration proposed by the preceding General
Assembly, shall be agreed to in the first session thereafter, by two-
thirds of the whole Representation in each House of the General Assembly,
after the same shall have been read three times on three several days, in
each House, then the said General Assembly shall prescribe a mode by which
the Amendment or Amendments may be submitted to the qualified voters of
the House of Commons throughout the State; and if, upon comparing the
votes given in the whole State, it shall appear that a majority of the
voters have approved thereof, then, and not otherwise, the same shall
become a part of the Constitution ." ■*■
1. Journal of the Convention. . . 1835. 100 (Raleigh: J. Gales & Son,
1835) .
27
CONSTITUTION OF NORTH CAROLINA
1868
[In force, 1868-1876]
"ARTICLE XIII .
"Amendments
"Section 1. No Convention of the people shall be called by the General
Assembly unless by the concurrence of two thirds of all the members of
each House of the General Assembly.
"Sec. 2. No part of the Constitution of this State shall be altered,
unless a bill to alter the same shall have been read three times in each
house of the General Assembly and agreed to by three fifths of the whole
number of members of each House, respectively; nor shall any alteration
take place until the bill, so agreed to, shall have been published six
months previous to a new election of members to the General Assembly. If
after such publication the alteration proposed by the preceding General
Assembly shall be agreed to, in the first session thereafter by two thirds
of the whole representation in each house of the General Assembly, after
the same shall have been read three times on three several days, in each
House, then the said General Assembly shall prescribe a mode by which the
amendment or amendments may be submitted to the qualified voters of the
house of Representatives throughout the State; and if, upon comparing the
votes given in the whole State, it shall appear that a majority of the
voters voting thereon, have approved thereof, then, and not otherwise, the
same shall become a part of the Constitution. "^
2. Enrolled Constitution of North Carolina, 1868, MS in Secretary of
State's Office.
CONSTITUTION OF NORTH CAROLINA
As Amended by the
Convention of 1875
[In force, 1877-1971]
"ARTICLE XIII.
"Amendments
"Section 1. No Convention of the people of this State shall ever be
called by the General Assembly unless by the concurrence of two-thirds of
all the members of each House of the General Assembly, and except the
proposition. Convention or No Convention, be first submitted to the quali-
fied voters of the whole State, at the next general election, in a manner
to be prescribed by law. And should a majority of the votes cast be in
favor of said Convention, it shall assemble on such day as may be pre-
scribed by the General Assembly.
"Sec. 2. No part of the Constitution of this State shall be altered
unless a bill to alter the same shall have been agreed to by three- fifths
of each House of the General Assembly. And the amendment or amendments so
agreed to shall be submitted at the next general election to the qualified
voters of the whole State, in such manner as may be prescribed by law.
And in the event of their adoption by a majority of the votes cast, such
amendment or amendments shall become a part of the Constitution of this
State. "^
3 . Amendments to the Constitution of North Carolina. Proposed by the
Constitutional Convention of 1875 . . . . C. 29, pp. 25-26 (Raleigh: Josiah
Turner, 1875) . These amendments were ratified by the people at an election
held in November 1876.
29
CONSTITUTION OF NORTH CAROLINA
1971
[In force, 1971- ]
"ARTICLE XIII
"CONVENTIONS; CONSTITUTIONAL AMENDMENT
AND REVISION
"Section 1. Convention of the People. No Convention of the people
of this State shall ever be called unless by the concurrence of two-thirds
of all the members of each house of the General Assembly, and unless the
proposition "Convention or No Convention" is first submitted to the quali-
fied voters of the State at the time and in the manner prescribed by the
General Assembly. If a majority of the votes cast upon the proposition
are in favor of a Convention, it shall assemble on the day prescribed by
the General Assembly. The General Assembly shall, in the act submitting
the convention proposition, propose limitations upon the authority of the
Convention; and if a majority of the votes cast upon the proposition are
in favor of a Convention, those limitations shall become binding upon the
Convention. Delegates to the Convention shall be elected by the qrualified
voters at the time and in the manner prescribed in the act of submission.
The Convention shall consist of a number of delegates equal to the
membership of the House of Representatives of the General Assembly that
submits the convention proposition and the delegates shall be apportioned
as is the House of Representatives. A Convention shall adopt no ordinance
not necessary to the purpose for which the Convention has been called.
"Sec. 2. Power to revise or amend Constitution reserved to people.
The people of this State reserve the power to amend this Constitution and
to adopt a new or revised Constitution. This power may be exercised by
either of the methods set out hereinafter in this Article, but in no other
way.
"Sec. 3. Revision or amendment by Convention of the People. A Con-
vention of the People of this State may be called pursuant to Section 1 of
this Article to propose a new or revised Constitution or to propose amend-
ments to this Constitution. Every new or revised Constitution and every
constitutional amendment adopted by a Convention shall be submitted to the
qualified voters of the State at the time and in the manner prescribed by
the Convention. If a majority of the votes cast thereon are in favor of
ratification of the new or revised Constitution or the constitutional
amendment or amendments, it or they shall become effective January first
next after ratification by the qualified voters unless a different effec-
tive date is prescribed by the Convention.
30
"Sec. 4. Revision or amendment by legislative initiation. A
proposal of a new or revised Constitution or an amendment or amendments to
this Constitution may be initiated by the General Assembly, but only if
three-fifths of all the members of each house shall adopt an act submit-
ting the proposal to the qualified voters of the State for their ratifica-
tion or rejection. The proposal shall be submitted at the time and in the
manner prescribed by the General Assembly. If a majority of the votes
cast thereon are in favor of the proposed new or revised Constitution or
constitutional amendment or amendments, it or they shall become effective
January first next after ratification by the voters unless a different
effective date is prescribed in the act submitting the proposal or
proposals to the qualified voters.""^
4. Enrolled Constitution of North Carolina. 1971, typescript in Secretary
of State's Office.
31
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